COURT OF APPEAL OVERTURNS OYO HIGH COURT RULING, BARS HIJAB IN UI INTERNATIONAL SCHOOL
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By Aishat Momoh. O.
The Court of Appeal sitting in Ibadan has set aside the judgment of the Oyo State High Court that permitted Muslim students of the International School, University of Ibadan (ISI), to wear hijab as part of the school’s uniform.
In a split decision delivered on Friday, the three-member appellate panel ruled by a majority of two to one that the Supreme Court’s judgment allowing the use of hijab applies only to public schools and not to private educational institutions such as the International School, University of Ibadan.
The appellate court consequently overturned the 2022 judgment of Justice Moshood Ishola of the Oyo State High Court, which had held that the school’s prohibition of hijab violated the affected students’ constitutional rights to freedom of religion and protection from discrimination.
The suit was instituted by 11 students with the backing of the Muslim Rights Concern (MURIC).
Delivering the lead judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that the International School, University of Ibadan is a private school and is therefore not bound by the Supreme Court’s decision relating to public schools.
Justice Georgewill further ruled that the right to freedom of religion is a personal right that can be voluntarily waived.
According to him, the students had voluntarily agreed to abide by the school’s rules and regulations, including its prescribed dress code, by signing the undertaking required upon admission.
“In public schools, you can wear hijab on school uniforms based on the judgment of the Supreme Court, but the Supreme Court is yet to make any decision on the use of hijab in private schools,” the court held.
However, Justice Fadawu Umar dissented, maintaining that the appeal lacked merit and should have been dismissed, thereby upholding the High Court’s earlier decision.
The dispute over the use of hijab at the International School, University of Ibadan dates back to 2018, when some Muslim students challenged the school’s policy prohibiting the wearing of hijab as part of its uniform.
In 2022, the Oyo State High Court ruled in favour of the students, declaring that the restriction infringed on their constitutional rights to freedom of religion and freedom from discrimination.
Dissatisfied with the judgment, the school authorities appealed the decision, culminating in Friday’s ruling by the Court of Appeal, which restored the school’s authority to enforce its dress code pending any contrary pronouncement by the Supreme Court on the issue as it relates to private schools.
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